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(영문) 서울북부지방법원 2017.12.21 2017고정1128
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 9, 2012, at a restaurant where the trade name near the Seoul Northern District Office is unknown, the Defendant: (a) provided that “The Victim B (56 years and South Korea) shall lend KRW 300,000,000,000 to the victim, instead of having the building located in Dongdaemun-gu Seoul Metropolitan Government C1 perform civil engineering and removal of the building; (b) if so, the Defendant shall pay the said money by June 20, 2012.” (c) The victim trusted the horses, prepared a “standard subcontract agreement for construction works” with the Defendant, and received a general promissory note from the injured party on the same page.

However, the defendant did not have the ability to authorize the victim to perform civil engineering and removal works on the building located in Dongdaemun-gu Seoul Metropolitan Government C1, and he did not have the intent or ability to repay the money borrowed from the victim.

Nevertheless, the defendant deceivings the victim by the above method and acquired it through the delivery of 3 million won to the victim.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against B;

1. Standard subcontract agreement for construction works;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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